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Civil Litigation - Costs - Agreement by Parties. Acquaviva v. Holmes
In Acquaviva v. Holmes (Ont CA, 2022) the Court of Appeal cites law that a costs agreement between the parties is not binding on the court:[11] The respondents seek costs on a full indemnity scale in the amount of $17,444.38 based on the terms of the charge. Although the agreement of the parties does not operate to exclude the court’s discretion (see Bossé v Mastercraft Group Inc., 1995 CanLII 931 (ON CA), 123 D.L.R. (4th) 161 (Ont. C.A.), at paras. 62-69), we are satisfied that the costs requested are justified and fair and reasonable in the circumstances of this case. Accordingly, the appellant is to pay the respondents their costs on a full indemnity scale fixed in the amount of $17,444.38 inclusive of disbursements and applicable tax.
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